MATTER OF PITZ v. TOWN OF AMHERST ZONING BD. OF APPEALS


198 A.D.2d 832 (1993)

605 N.Y.S.2d 1010

In the Matter of William G. Pitz, Respondent, v. Town of Amherst Zoning Board of Appeals et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1993


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the petition and annulled the determination of respondent Town of Amherst Zoning Board of Appeals (ZBA) that denied petitioner's application for a building permit to construct a detached garage on his property. Under the circumstances of this case, respondent ZBA's interpretation of the zoning ordinance, while entitled to deference, was arbitrary, unreasonable and irrational...

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